Bill aims to remove tribes from environmental policies

TAHLEQUAH, Okla. – State Sen. Greg Treat has authored a bill calling for the exclusion of federally recognized tribes from the state’s environmental policymaking process.

As of March 27, the bill had passed through the Senate and was in the House of Representatives.

As an amendment to existing legislature, the primary change included in Senate Bill 1050 is the word “tribal” being removed. For example, “An electric utility subject to rate regulation by the Corporation Commission may file an application seeking Commission authorization of a plan by the utility to make capital expenditures for equipment or facilities necessary to comply with…federal, state, local or tribal environmental requirements which apply to generation facilities.”

Treat told The Oklahoman the bill would do “nothing to prohibit the tribes from having input in environmental policies.”

“The law still allows consultation,” Treat said, “it just does not allow tribal laws to be considered by the Oklahoma Corporation Commission to increase cost on ratepayers, or tribes to block the construction or upgrades to a refinery.”

Treat also said the Environmental Protection Agency has a “liberal agenda,” and is using the tribes “as a vehicle” to expand its power.

“My message to tribal members and all Oklahomans is that his bill is about common sense and stopping the overreach and burden of the federal government,” Treat said. “I believe any form of government – whether it be tribal, local, state or federal – has a tendency to want to increase its power and control over citizens.”

Sara Hill, Cherokee Nation senior assistant attorney general, said the law could be harmful for the relationship between the tribes and state.

“By passing this law, Oklahoma risks damaging the cooperative relationship it has built with the tribes – a relationship that has produced a significant economic benefit for the state,” Hill said.

She added that given the state’s acknowledgment of the unique relationship between the tribes and the United States, along with the benefit Oklahoma has received from that relationship, SB 1050 seems “out of step with state and federal policy regarding Indian tribes.”

Hill said that “unique relationship” is defined in a state law that authorizes cooperative agreements and compacts.

According to the law, the state “ recognizes the unique status of Indian Tribes within the federal government and shall work in a spirit of cooperation with all federally recognized Indian Tribes in furtherance of federal policy for the benefit of both the State of Oklahoma and Tribal Governments.”

Hill said she’s confident that even if the law is passed, few things would change and that tribes would continue to have the right to be part of any policymaking progress.

“The changes to the law that are being proposed won’t change the applicability of tribal law to environmental matters and cannot alter the relationship between the United States and any federally recognized Indian tribe,” she said. “The relationship between the tribes and the United States cannot be thwarted by legislative action in a state legislature.”

TAHLEQUAH, Okla. – The Cherokee Nation attorney general’s office filed a lawsuit on Nov. 28 in the U.S. District Court for the Western District of Oklahoma against the United States, Department of Interior, Bureau of Indian Affairs and other agencies claiming the federal government mismanaged the tribe’s trust funds.
According to a CN Communications release, the suit asks the U.S. to give an “accurate accounting of the Cherokee Trust Fund, which includes property, land, funds and other resources.”
The lawsuit states the intent is to “resolve accounting and related equitable claims” that the CN brings against the federal government and some of its agencies and bureaus relating to the government’s management of the CN’s trust fund, including money generating obligations owed by the government to the CN.
“Within the Trust Fund, the United States held and managed vast resources for the Nation including inter alia, money; proceeds from the sale of land or profits from the land; money from surface leases for agriculture, surface, oil and gas mining leases, coal leases, sand and gravel leases, businesses, and town lots; income from property owned by the Nation’ buildings; the Nation’s records; and money resulting from treaties or other agreements,” the lawsuit states.
During an April 28 Rules Committee meeting, prior to the Tribal Council’s approval of the litigation, Attorney General Todd Hembree said the lawsuit’s purpose was to have a proper accounting of and to rectify any and all trust violations or trust responsibilities that were not fulfilled by the U.S. to the CN.
“This is a monumental lawsuit. We discussed the details of the arrangement…This does involve treaty rights. So therefore, in accordance with the Consent to Litigation Act, before going forward we must have a council resolution,” Hembree said. “ This is a once-in-a-lifetime type of suit, and we hope to be very judicious in its prosecution and to be a game changer for the Cherokee Nation when it’s all complete.”
When the Tribal Council discussed the lawsuit on April 28, Tribal Councilor Dick Lay asked if there was any kind of waiver of sovereign immunity included with the legislation. Hembree said “no” and that the lawsuit wouldn’t require a waiver either.
“It is very advantageous for the Cherokee Nation. The way it’s structured, if I was the plaintiff in this lawsuit I’d be comfortable with it,” Hembree said.
According to the suit, outside attorneys representing the tribe are from the Indian and Environmental Law Group in Tulsa, Hunsucker Goodstein PC in Washington, D.C., and Askman Law Firm in Denver. The Cherokee Phoenix requested costs for the outside attorney contracts through CN Communications and a Freedom of Information Act request on Dec. 5, but as of press time neither had been received.
Some Tribal Councilors during the April 28 meeting said other tribes had seen success with similar lawsuits against the U.S., so in essence the groundwork had already been laid for the CN. Tribal Councilor David Thornton said the case was not expected to be resolved quickly, but over several years.
Hembree said he hopes to prosecute the case within three years, but believes both sides would settle at some point.
<a href="http://www.cherokeephoenix.org/Docs/2016/12/10841__nws_161205_TrustLitigation.pdf" target="_blank">Click here to read</a>the complaint document.

STILLWATER, Okla. (AP) — A judge has refused to move the trial of a woman charged with crashing into spectators at the Oklahoma State homecoming parade and killing four.
The Payne County district judge on Tuesday turned down the request by attorneys for 26-year-old Cherokee Nation citizen Adacia Chambers.
Defense attorneys argued that Chambers couldn't get a fair trial in Payne County because of pretrial publicity.
Judge Stephen Kistler also rejected other motions, including one to suppress statements made by Chambers, who witnesses said commented about being suicidal following the October 2015 crash.
Other motions denied include one to suppress autopsy photos of victims and to order the families of victims not to show emotion while in court.
Chambers has pleaded not guilty to four counts of second-degree murder and 42 counts of assault and battery.

TAHLEQUAH, Okla. – According to unofficial results, Joe Bunch won the Dec. 5 runoff for United Keetoowah Band principal chief against Anile Locust.
Unofficial results show Bunch received 58.64 percent of the votes (302 votes) while Locust received 41.36 percent (213 votes).
A total of 515 UKB citizens voted in the tribe’s nine districts.
Bunch said he thanks the UKB citizens for “overwhelmingly” electing him for his first full term as principal chief. He has served as interim-principal chief since May after the Tribal Council voted to remove former Principal Chief George Wickliffe from office, a decision that the UKB courts later upheld.
“I look forward in using my 32 years experience in tribal government moving our tribe forward. It will be an honor and privilege working with federal agencies in resolving our shortage of federal resources provided to all federally recognized tribal governments,” Bunch said. “I plan to move our tribe forward by getting land in trust, re-establish our gaming portfolio and develop our economic status while safeguarding our rich Keetoowah tradition and heritage. Thank you Keetoowah voters for your confidence in me.”
In a Facebook post, Locust commented about conceding the race to Bunch.
“It was truly a great race for the office of the chief. I had fun. I met a great bunch of people, and I was honored to have so many people support me…Pray for Joe Bunch and the rest of our leaders as this is what we are commanded to do,” she states.
The Cherokee Phoenix contacted Locust for comment but she declined.
Bunch was expected to be sworn into office on Jan. 7.
According to the UKB Election Board, results would not be official until five days after the date of the election for any protests, appeals or recounts of election votes.

PARK HILL, Okla. – The Cherokee Heritage Center will close to the public for 16 days beginning Jan. 1 after another season of promoting Cherokee history and culture.
“This has been a busy year for the heritage center, and we have welcomed visitors from across the country,” Tonia Hogner-Weavel, interim CHC director, said. “We are thankful for the generous support of all of our sponsors and donors and look forward to bringing a full, fun-filled schedule again in 2017.”
As the tourism season winds down, CHC will operate under holiday hours effective Dec. 1.
The CHC will be closed to the public Dec. 23-26. From Dec. 27-31, it will open from 9 a.m. to 5 p.m. Tuesday through Saturday. From Jan. 1-16 it will close to the public, and from Jan. 17 to May 27 it will open from 9 a.m. to 5 p.m. Tuesday through Saturday.
Guided tours through the ancient village Diligwa will be offered twice daily at 11 a.m. and 3 p.m.
While the CHC operates independently from the tribe, it continues to promote tourism within the Cherokee Nation. More than 50,000 guests visited the CHC throughout the year, taking advantage of everything the organization has to offer.
In addition to permanent exhibits and archives, CHC featured four exclusive exhibits, four art shows, monthly cultural classes, group tours and various educational events.
It is located at 21192 S. Keeler Drive. For information on 2017 season events, operating hours and programs, call 1-888-999-6007 or visit <a href="http://www.CherokeeHeritage.org" target="_blank">www.CherokeeHeritage.org</a>.

TAHLEQUAH, Okla. –Deputy Chief S. Joe Crittenden issued a statement today regarding the 75th anniversary of the attack on Pearl Harbor.
His statement is as follows:
“President Franklin D. Roosevelt said Dec. 7, 1941, is a date which will live in infamy, and those words ring as true today as when he gave the famous speech 75 years ago. The attack on Pearl Harbor changed the course of history for our great country and the lives of those men and women serving at Pearl Harbor and those who served in World War II. As Cherokee Nation citizens and Americans, I encourage you to take a moment today and recognize and honor the brave men and women who gave the ultimate sacrifice on that day. Also, remember to keep in your mind and heart those who answer the call to protect our freedoms and country today, especially on this day of remembrance when the United States faced and overcame its greatest challenge.”

TAHLEQUAH, Okla. – Cherokee Nation officials will attend area Christmas parades with floats during the holiday season.
At 6 p.m. on Dec. 9, the CN will have a float in the Christmas Parade of Lights in Tahlequah. The tribe will also have a float in Catoosa’s Christmas Parade, which begins at 2 p.m. on Dec. 10.
The tribe will also have a float in the Christmas Parade in Jay, which begins at 2 p.m. on Dec. 10, as well as the Christmas Parade in Hulbert, which begins at 6 p.m. on Dec. 10.
Finishing out the holiday parade season, the CN officials will have a float in the Christmas Parade of Sallisaw, which begins at 6 p.m. on Dec. 10.